Planning and Development Act 2024
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Provisions consequential on notice under section 258 | ||
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259. (1) If, within the period specified for that purpose in a notice confirmed under subsection (6) of section 258 , or within such further period as the planning authority or the Maritime Area Regulatory Authority, as appropriate, may allow, any step required by the notice has not been taken, an authorised person appointed by the planning authority or the Maritime Area Regulatory Authority under section 393 may enter the lands or maritime site concerned and any structure on the land or in the site under section 394 and take the step. | ||
(2) Where a notice confirmed under subsection (6) of section 258 is complied with, the planning authority or the Maritime Area Regulatory Authority, as appropriate, shall pay to the person complying with the notice the expenses reasonably incurred by the person in taking the steps specified in the notice, less the value of any salvageable materials. | ||
(3) Where a person served with a notice confirmed under subsection (6) of section 258 fails to comply with the notice, or causes or permits a failure by another person to comply with the notice, he or she shall be guilty of an offence. | ||
(4) (a) In proceedings for an offence under subsection (3) that consists of a failure by the defendant to comply with a notice under that subsection, it shall be a defence for him or her to show that he or she took all reasonable steps to comply with the notice. | ||
(b) In proceedings for an offence under subsection (3) that consists of causing or permitting another person to fail to comply with a notice under that subsection, it shall be a defence for the defendant to show that he or she took all reasonable steps to secure compliance by the said person with the notice. | ||
(5) In any proceedings for an offence under subsection (3), a document which purports to be a notice confirmed under subsection (6) of section 258 shall be taken to be such a notice unless the contrary is shown. | ||
(6) A planning authority or the Maritime Area Regulatory Authority, as appropriate, may, prior to or after confirmation of the notice by the Commission, for stated reasons, withdraw a notice served under section 258 by notice in writing served on the person on whom the first-mentioned notice was served. | ||
(7) Particulars of a notice confirmed under subsection (6) of section 258 , and of a withdrawal of such a notice under subsection (6), shall be entered in the register. |